[Added 9-1-2015 by Ord.
No. 6-2015]
As used in this article, the following terms shall have the
meanings indicated:
The use or operation of any mechanical exhaust device designed
to aid in the braking, decompression or deceleration of any motor
vehicle which results in excessive, loud, unusual or explosive noise
from such vehicle.
It shall be unlawful for the driver of any motor vehicle to
use or operate or cause to be used or operated, at any time and on
any road within the Borough of Washington, any mechanical exhaust
or decompression device which results in the practice known as "engine
braking."
The provisions of this article shall not apply to engine braking
where necessary for the protection of persons and/or property which
cannot be avoided by application of an alternative braking system.
Noise caused by the application of engine compression brakes, otherwise
known as "engine braking," which is effectively muffled or if the
application is necessary for the health, safety and welfare of the
community is exempt from the provisions of this article. Sounds created
by emergency equipment for its purposes are also exempt.
The Borough of Washington is hereby authorized to post at reasonable
locations within the Borough of Washington signs indicating the prohibition
of engine braking.
Unless another penalty is expressly provided by New Jersey Statute,
any person convicted of a violation of this article shall be punished
for a first conviction thereof by a fine of not more than $100 or
by imprisonment for a period not to exceed 10 days, or by both such
fine and imprisonment; for a second such conviction, such person shall
be punished by a fine of not more than $200 or by imprisonment for
a period not to exceed 20 days, or by both such fine and imprisonment;
and upon the third or any subsequent conviction, such person shall
be punished by a fine of not more than $500 or by imprisonment for
a period not to exceed six months, or by both such fine and imprisonment.
Should any section, subsection, paragraph, sentence; clause
or phrase of this article, or its application to a specific person
or set of circumstances, be declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining
portions of this article, or its application to any other person or
set of circumstances.
This article shall take effect upon final passage and publication
in accordance with the law, but not before approval has been received
from the Commissioner, Department of Transportation.
